Document ykXjOwJ7ompvODVg5VkxN6Y4

PLAINTIFF'S EXHIBIT MANAGEMENT INFORMATION SYSTEM Number Issued Supersedes Title AACPP BOARD OF DIRECTORS MINUTES MIS-01-2.03 11-01-84 06-01-84 MINUTES Oomnittee: Place: Date: Board of Directors AACPP Offices Arlington, Virginia Septeirber 20, 1984 * AACPP Board of Directors met on Thursday, September 20, 1984, at 9:1.5 a.m. at the -eolation's headquarters, Arlington, Virginia. The Chairman being in the Chair and an acting Secretary being present. Attendees were: Chairman Members Staff Guest L. Ambler L. Cejudo F. Layton L. Taylor J. Jackson None A. Kahn J. Welch I. Call to Order After recognizing the proxy provided to AACPP Counsel by Mr. Couture, the Chairman declared a quorum present and called the meeting to order. n. Reading and Approval of Minutes A motion was made and passed "...that reading of the 4/4/84 minutes be dispensed with and approved as distributed." HI. Review of Agenda The meeting agenda was reviewed and the order of business modified as follows. IV. Report of Officers A. Chairman's Report The Chairman welcomed Mr. Layton (J.M. Pipe' Co. Inc.) as their new representative to AACPP's Board of Directors. 1- - i CAPCO JEN 0033390 MIS-01-2.03 B. Treasurer's Report 1. YTD Financial Statement Following distribution and review with explanatory remarks by the President, a motion was made and passed "...that the financial statement for the period ending 8/31/84 be approved as presented." 2. Membership /\ The President distributed a membership status report, stating that FY84 membership dues revenue projections had been met despite the loss of (2) Affiliate Members. C. Staff Report Following an announcment that Mr. Welch, AACPP Vice President, would terminate employment with Inter-Associates effective October 1, 1984, the President succinctly reviewed other pending Staff changes. V. Priority List A. Regulatory Affairs 1. OSHA Rulemaking a. NPRM Since a status report on current OSHA rulemaking for lowering the occupational standard for asbestos was provided in advance of the meeting, discussion focused solely on the adequacy of language proposed by Kirkland & Ellis for inclusion in the AIA/NA post hearing brief which would provide AACPP with a legal basis for challenging, if necessary, any standard calling for either discriminatory fiber type distinction or a ban on crocidolite. After debate, it was concluded that the language contained in the "short formulation" of AIA's possible position on fiber type was inadequate. As a consequence, AACPP U.S. member companies agreed to advise their respective representatives to AIA/NA that nothing less than the original language proposed by K&E on fiber type would be acceptable. Concurrently, the President will convey to AIA/NA that the industry had no desire to raise the visibility of the crocidolite issue beyond protecting AACPP's option to challenge on legal grounds the final standard should OSHA for unforeseen reasons decide to reverse it's current position on blue fiber. Finally, as a precautionary measure, the Vice President agreed to draft for review by Counsel a supplementary brief on fiber type distinction which AACPP could file with the Agency should AIA/NA insist on final language which would not adequately protect AACPP's legal options. CAPCO JEN 0033391 MIS-01-2.03 b. SAAPAC The President reported that AACPP had received on 6/18/84 the $50,000 requested from SAAPAC to support the Association's rulemaking counter-initiatives, i.e. SOP-01-06, OSHA/EPA Rulemaking 2. EPA Rulemaking a. SDWA The Vice President reported that there had been some slippage in EPA's schedule for revising the National Interim Primary Drinking Water Standards. Thus, no action on setting an MCL for waterborne asbestos was anticipated before late 1985. b; TSCA A current status report on EPA's proposed rulemaking calling for a ban on A/C Pipe and OMB's continuing oposition to EPA's proposals was provided in advance of the meeting. c. Market Impact <5c Constituency Draft copies of a proposed letter which AACPP would mail with Executive Committee approval to A/C Pipe customers should EPA's proposed ban become inevitable were distributed. Following limited discussion, all members of the Executive Committee agreed to review the draft letter and summit comments to Staff on its acceptablity by October 19, 1984. In a related matter, the Chairman reported that CertainTeed had taken under advisement a letter from Jeptha Wade requesting that consideration be given to providing "PVC includes'' as a standard industry practice. B. FY 85 Budget 1. IAI Management Agreement Discussion of AACPP's FY 85 budget and proposed Management Agreement with IAI was deferred pending Board consideration of the balance of the meeting agenda. C. Election of Officers 1. Nominating Committee Following a report by the Nominating Committee, a motion was made and passed "...approving the report of the Nominating Committee and instructing the Secretary to cast a vote by acclamation for the following Association officers for FY 85: Chairman - L. Ambler . Vice Chairman - L. Taylor Secretary/Tlreasurer - B. Layton." - CAPCO JEN 0033392 VI. Old Business A. Strategic Operational Plan The President stated the third quarter update to AACPP's Strategic Operational Plan would be issued with the minutes of the meeting. 1. SOP-Ol-Ol, Municipal Market Program After review of the seminar schedule for the balance of FY 84, the Executive Committee agreed to provide Staff by the end of October with a list of candidate municipalities for inclusion on the FY 85 seminar schedule. 2. SQP-01-02, State Monitoring Program a. Field Problems & Litigation Following distribution of a status report summarizing current field problems and litigation, it was agreed, without dissent, that Staff should advise special counsel (Murtha, Cullina, Richter & Pinnev) not to file for a continued stay of the administrative proceedings related to A/C Pipe in the state of Connecticut the next time the matter comes before the court for a continuance. 3. SOP-01-03, EPA Drinking Water Regulations _ Previously discussed under Agenda Item V.A.2.a. a. AWWA Policy Statement The President reported no change in status on AWWA's proposed policy statement on asbestos i.e. not approved. 4. SOP-01-04, Public Education Program The President reported this program was proceeding as planned. 5. SOP-01-06, OSHA/EPA Rulemaking Previously discussed under agenda item V.A.2.a 6. SOP-01-99, International Affairs No action required or taken. B. Meeting Schedule 1. International Affairs Committee The President reported that AACPP's International Affairs Committee (IAC) was scheduled to meet on 11/13/84 in London England. Mr. Cejudo stated that Mr. Grinda (AMFAC) plans to attend the IAC meeting. 2. Executive Committee Without vote or dissent, it was agreed the Executive Committee would continue to meet at the discretion of the Chairman and Staff. 4'~-~ ii CAPCO JEN 0033393 MIS-01-2.03 3. 1985 Annual Meeting The President reported that AACPP's 1985 Annual Meeting had been scheduled for March 10-13, at Marriott's Harbour Beach Hotel, Fort Lauderdale, Florida. After exploring potential topics for the 1985 Industry Conference, e.g. market impact of regulations, economic update, etc., the Directors agreed to recommand to Staff by 10/31/84 additional conference topics of general corporate interest. VII. New Business A. AACPP Registered Office Without debate, a resolution was made and passed "...authorizing AACPP Counsel to execute the necessary paperwork required to change the registered address of the Association." B. WHO Activities in Mexico Mr. Cejudo reported on the adverse impact in Mexico of a Spanish addition WHO sponsored publication related to the health effects of asbestos. After reviewing what counter-initiatives had and should be taken, it was agreed this recent development and its consequences for AMFAC should be discussed at the 11/13/84 IAC meeting in London, England. Mr. Cejudo also distributed for review a resume of answers to the questions posed by the U.S. Environmental Protection Agency to the U.S. Embassy in Mexico. V. Priority List (continued) . B. FY 85 budget 1. IAI Management Agreement After extended open and closed session discussion, a motion was passed "... to adopt the FY 85 budget as proposed." A second motion was made and passed "...authorizing the Chairman to sign on behalf of AACPP the proposed management agreement with IAI for 1985." VH. New Business (continued) c. Generic Material Reclassification, The President distributed for review and comment a recent advertisement by Eternit wherein asbestos cement pipe had been redesignated fibre cement pipe. Following limited discussion on the merits of a generic name change, it was agreed, without vote, that the Board members would review this option with their management and advise Staff of their decision by 11/15/84. 5-n CAPCO JEN 0033394 MIS-01-2.03 Vffl. Adjournment Prior to adjournment and following an expression of appreciation by the Chairman on behalf of the entire Board of Directors, a resolution was made and passed by acclamation, "... commending Mr. Welch for his personal and professional contributions to AACPP during the past eight years." Meeting adjourned at 11:43 a.m. J.C. Jackson President - .ft. CAPCO JEN 0033395